What was the outcome of Tenancy Tribunal case 4719231?

The tribunal order states: The tenancy of Sherzana Kristene Witehira at 411 Innes Road, Mairehau,

How much money was awarded in case 4719231?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4719231?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4719231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9636862-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4719231?

The tribunal order states: The tenancy of Sherzana Kristene Witehira at 411 Innes Road, Mairehau,

How much money was awarded in case 4719231?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4719231?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4719231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9636862-Tenancy_Tribunal_Order.pdf.

411 Innes Road, Mairehau, Christchurch 8052 Tenancy Tribunal Case 4719231 — 14-day notice

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Reasons

Ms Kinnaird and Ms Crafts represented the landlord. The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by causing or permitting others at the premises with her consent to cause, significant damage. The damage includes holes in walls and doors, significant damage to the carpet, and damage to the kitchen hobs.

There is a large amount of rubbish at the premises.

The tenant has not resided at the premises since about February 2023. Her nephew resides there.

The landlord served a 14-day notice on the tenant on 6 October 2023, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the damage is significant and on-going.

The tenant has emailed the landlord suggesting that she will vacate the tenancy by 14 November 2023 and remove her goods. The landlord has agreed to allow the tenant until 16 November to vacate the premises.

I have made a possession as at 16 November 2023.

The landlord will have further claims once it obtains possession of the premises. I have authorised the landlord to claim the filing fee paid on this application when it makes the next application.

Reasons

Ms Kinnaird and Ms Crafts represented the landlord. The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

There is a large amount of rubbish at the premises.

The tenant has not resided at the premises since about February 2023. Her nephew resides there.

The landlord served a 14-day notice on the tenant on 6 October 2023, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the damage is significant and on-going.

I have made a possession as at 16 November 2023.

The landlord will have further claims once it obtains possession of the premises. I have authorised the landlord to claim the filing fee paid on this application when it makes the next application.

Tenancy Tribunal case 4719231 — 14-day notice at 411 Innes Road, Mairehau, Christchurch 8052

At a glance

Tenancy Tribunal case 4719231 — 14-day notice at 411 Innes Road, Mairehau, Christchurch 8052

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions